rapids flip over.jpgWhen an employer ignores the FMLA regulations as it ponders a termination decision, the consequences can be severe.

A water bottling company recently learned this the hard way.

Peter Lyle was a route driver for “O Premium Waters,” a company that provided bottled water.  In December 2009, Peter took FMLA leave, which was approved by

giddy.jpgAs a management side attorney, I love when FMLA cases provide real, practical takeaways for employers that help them better administer FMLA leave.  Yesterday was one of those days, as a federal court took a plaintiff to task for: 1) failing to provide timely FMLA medical certification; and 2) failing to make a good faith

fired1.jpgAs a labor and employment attorney, I spend a significant amount of time counseling employers as they prepare to terminate an employee.  Often enough, the situation goes something like this:

My operations people want to terminate Fred.  He has flown off the handle one too many times, and now, we think we caught him misreporting his time

soup nazi.jpgLast week, I responded to an FAQ that often arises for employers when administering the Family and Medical Leave Act: How do employers count unexcused absences when an employee does not return medical certification

Here’s a real life application of this question:  Kimberly Miedema was an employee of Spectrum Catering, and after having claimed

fired.jpgRemember a few months back when I warned employers to be wary of eliminating the position of an employee who days earlier requested several weeks off for surgery?

Let me take that advice one step further: if an employee informs you that she needs leave to undergo a hysterectomy, don’t tell the employee it’s “not